Storm v. Mann
New York Court of Chancery
THE bill stated that John Young was the original patentee of lot No. 55, in Hannibal, in the county of Oswego. That the plaintiff purchased the lot of Young, on the 5th of November, 1810. That the plaintiff is in possession of the south half of the lot; and the defendant, not having any lawful title to the possession of the same, has been for a long time, and is now, in possession of the north half of the lot, i. e. of 300 acres.
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THE bill stated that John Young was the original patentee of lot No. 55, in Hannibal, in the county of Oswego. That the plaintiff purchased the lot of Young, on the 5th of November, 1810. That the plaintiff is in possession of the south half of the lot; and the defendant, not having any lawful title to the possession of the same, has been for a long time, and is now, in possession of the north half of the lot, i. e. of 300 acres. That to recover possession, the plaintiff has brought an ejectment at law against the defendant, which was commenced in August term, 1817, and in which issue has…
1Opinion of the Court
The Chancellor.
The title appears to be disputed; for the defendant has been in possession for a long time, and has joined issue with the plaintiff at law, on the question of title, and the action is still pending undetermined. Under these circumstances, I do not feel myself authorized to grant the injunction.
In Field v. Jackson, (Dickens, 599.) the Lord Chancellor held it to be a general rule, that when the right was doubtful, the court would not grant an injunction. So, in a case before Lord Eldon, (Pillsworth v. Hopton, 6 Ves. 51.) an injunction to restrain waste was not granted against a…
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